New Hampshire Mileage Reimbursement: RSA 275:57 and the 30-Day Rule

New Hampshire requires employers to reimburse you for work-related expenses, including mileage, within 30 days of you submitting proof. Willful violations carry penalties up to $1,000 per incident plus interest. NH is the only state with no income tax that pairs that absence with a real expense reimbursement statute.

Source: NH RSA 275:57 (employer reimbursement); NH RSA 275:44 (penalties for failure to pay); NH Department of Labor.

The Statute: RSA 275:57

NH Revised Statutes Annotated §275:57 says employers must reimburse employees for "expenses incurred in connection with employment and at the request of the employer." Two phrases matter:

• "In connection with employment" is broad. Driving your personal car for an employer-required trip qualifies. So does a tank of gas you bought to make a delivery. So do tolls or parking on a sales call.
• "At the request of the employer" narrows it. Voluntary commuting does not count. Choosing to drive when public transit was offered does not count. The expense has to be tied to a directive from the employer.

The statute does not name mileage specifically. But case interpretation and NH Department of Labor administration treat employer-requested business driving as covered.

The 30-Day Rule

Reimbursement must happen within 30 days of the employee submitting "proof of payment." For mileage, that means a logged trip with date, destination, purpose, and miles. A spreadsheet works. An app works better, especially if you submit reimbursement requests monthly.

If your employer accepts your log on the 1st of the month, payment is due by the 30th. Miss that, and the employer is in willful violation territory.

Penalties for Violations

Willful violations of RSA 275:57 carry:

• A civil penalty of up to $1,000 per violation
• Interest on the unpaid amount
• Penalty payments deposited into the NH Department of Labor restricted fund

For wage non-payment more broadly, NH RSA 275:44 adds liquidated damages of 10% of the unpaid amount for each day the failure continues, capped at the unpaid amount itself. That is the same engine used to discipline employers who simply do not run payroll on time.

In plain terms: an employer who repeatedly stiffs you on mileage reimbursement is exposed to a real bill. The penalties are not theoretical.

How to File a Complaint

NH Department of Labor's Wage and Hour Division accepts wage claims. The process:

You can also file a private civil action. Many wage claim cases are settled before they reach a courtroom because the penalty structure is heavy.

How to Track Your Miles in New Hampshire

Keep a contemporaneous log. The IRS requires records be made as trips happen, not reconstructed at year-end. NH Department of Labor effectively requires the same standard for proof-of-payment claims. The minimum data points are date, starting and ending location, business purpose, and miles driven. See our mileage log requirements guide for the full list.

NH has a small geographic footprint, but rural sales reps and home health workers can rack up serious mileage between Manchester, Concord, the Lakes Region, and the North Country. The reimbursement statute applies uniformly across the state.

1099 vs W-2

RSA 275:57 protects W-2 employees. Independent contractors are not covered. If you are 1099, your remedy is the federal mileage deduction on Schedule C. See the New Hampshire self-employed mileage guide for the deduction math.

FAQ

Does New Hampshire require employers to reimburse mileage?

Yes, under RSA 275:57, when the driving is at the employer's request and connected to employment. Reimbursement is due within 30 days of the employee submitting proof.

What's the penalty if my employer refuses to reimburse me?

Up to $1,000 per willful violation, plus interest. Wage non-payment more broadly carries 10% per day in liquidated damages under RSA 275:44.

How long do I have to file a claim?

RSA 275:57 itself does not specify a statute of limitations. NH wage claims are typically subject to a three-year limitations period under common-law contract claims. File sooner rather than later.

Is mileage explicitly named in the statute?

No. The statute uses broad language ("expenses incurred in connection with employment"). Mileage is reached through that language and through NH Department of Labor administration.

Can independent contractors use this statute?

No. RSA 275:57 applies to W-2 employees. If you are 1099, deduct on Schedule C instead.

What if I work in NH but my employer is in MA or VT?

The statute applies to work performed for an employer in New Hampshire. Cross-border situations turn on where the work is performed and the choice-of-law clause in any employment contract. Consult an employment attorney if your situation is cross-border.

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